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ISSN 1977-091X |
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Official Journal of the European Union |
C 162 |
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English edition |
Information and Notices |
Volume 58 |
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Notice No |
Contents |
page |
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II Information |
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INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2015/C 162/01 |
Non-opposition to a notified concentration (Case M.7608 — Borealis Siegfried Holdings/Fortum Distribution AB) ( 1 ) |
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2015/C 162/02 |
Non-opposition to a notified concentration (Case M.7609 — Omnes Capital/Predica Prévoyance/Quadran/Quadrica) ( 1 ) |
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IV Notices |
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NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2015/C 162/03 |
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2015/C 162/04 |
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2015/C 162/05 |
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2015/C 162/06 |
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NOTICES FROM MEMBER STATES |
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2015/C 162/07 |
Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (Notice regarding applications for exclusive licences to prospect for oil and gas, designated the Gélannes licences) ( 1 ) |
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V Announcements |
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ADMINISTRATIVE PROCEDURES |
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European Commission |
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2015/C 162/08 |
Call for proposals under the 2015 work plan of the Bio-based Industries Public-Private Partnership |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
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European Commission |
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2015/C 162/09 |
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2015/C 162/10 |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
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European Commission |
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2015/C 162/11 |
Prior notification of a concentration (Case M.7617 — Feralpi Siderurgica/Duferco Italia/Lucchini SpA in A.S. Going Concern Wire Rods Business/Servola SpA in A.S. Certain Assets) — Candidate case for simplified procedure ( 1 ) |
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2015/C 162/12 |
Prior notification of a concentration (Case M.7562 — Canada Life Group/LGII) — Candidate case for simplified procedure ( 1 ) |
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(1) Text with EEA relevance |
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EN |
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II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
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19.5.2015 |
EN |
Official Journal of the European Union |
C 162/1 |
Non-opposition to a notified concentration
(Case M.7608 — Borealis Siegfried Holdings/Fortum Distribution AB)
(Text with EEA relevance)
(2015/C 162/01)
On 8 May 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in the English language and will be made public after it is cleared of any business secrets it may contain. It will be available:
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in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
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in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7608. EUR-Lex is the online access to European law. |
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19.5.2015 |
EN |
Official Journal of the European Union |
C 162/1 |
Non-opposition to a notified concentration
(Case M.7609 — Omnes Capital/Predica Prévoyance/Quadran/Quadrica)
(Text with EEA relevance)
(2015/C 162/02)
On 8 May 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in the English language and will be made public after it is cleared of any business secrets it may contain. It will be available:
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in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
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in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7609. EUR-Lex is the online access to European law. |
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
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19.5.2015 |
EN |
Official Journal of the European Union |
C 162/2 |
Euro exchange rates (1)
14 May 2015
(2015/C 162/03)
1 euro =
|
|
Currency |
Exchange rate |
|
USD |
US dollar |
1,1419 |
|
JPY |
Japanese yen |
136,12 |
|
DKK |
Danish krone |
7,4646 |
|
GBP |
Pound sterling |
0,7231 |
|
SEK |
Swedish krona |
9,3907 |
|
CHF |
Swiss franc |
1,0386 |
|
ISK |
Iceland króna |
|
|
NOK |
Norwegian krone |
8,4328 |
|
BGN |
Bulgarian lev |
1,9558 |
|
CZK |
Czech koruna |
27,458 |
|
HUF |
Hungarian forint |
307,52 |
|
PLN |
Polish zloty |
4,0827 |
|
RON |
Romanian leu |
4,458 |
|
TRY |
Turkish lira |
2,9764 |
|
AUD |
Australian dollar |
1,4087 |
|
CAD |
Canadian dollar |
1,3645 |
|
HKD |
Hong Kong dollar |
8,851 |
|
NZD |
New Zealand dollar |
1,5199 |
|
SGD |
Singapore dollar |
1,5053 |
|
KRW |
South Korean won |
1 245,36 |
|
ZAR |
South African rand |
13,5127 |
|
CNY |
Chinese yuan renminbi |
7,0812 |
|
HRK |
Croatian kuna |
7,5495 |
|
IDR |
Indonesian rupiah |
14 891,45 |
|
MYR |
Malaysian ringgit |
4,0762 |
|
PHP |
Philippine peso |
50,839 |
|
RUB |
Russian rouble |
57,061 |
|
THB |
Thai baht |
38,241 |
|
BRL |
Brazilian real |
3,4572 |
|
MXN |
Mexican peso |
17,3826 |
|
INR |
Indian rupee |
72,7162 |
(1) Source: reference exchange rate published by the ECB.
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19.5.2015 |
EN |
Official Journal of the European Union |
C 162/3 |
Euro exchange rates (1)
15 May 2015
(2015/C 162/04)
1 euro =
|
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Currency |
Exchange rate |
|
USD |
US dollar |
1,1328 |
|
JPY |
Japanese yen |
135,78 |
|
DKK |
Danish krone |
7,4652 |
|
GBP |
Pound sterling |
0,72110 |
|
SEK |
Swedish krona |
9,4273 |
|
CHF |
Swiss franc |
1,0463 |
|
ISK |
Iceland króna |
|
|
NOK |
Norwegian krone |
8,3745 |
|
BGN |
Bulgarian lev |
1,9558 |
|
CZK |
Czech koruna |
27,401 |
|
HUF |
Hungarian forint |
306,67 |
|
PLN |
Polish zloty |
4,0432 |
|
RON |
Romanian leu |
4,4415 |
|
TRY |
Turkish lira |
2,9405 |
|
AUD |
Australian dollar |
1,4159 |
|
CAD |
Canadian dollar |
1,3636 |
|
HKD |
Hong Kong dollar |
8,7803 |
|
NZD |
New Zealand dollar |
1,5237 |
|
SGD |
Singapore dollar |
1,5023 |
|
KRW |
South Korean won |
1 234,48 |
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ZAR |
South African rand |
13,4438 |
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CNY |
Chinese yuan renminbi |
7,0278 |
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HRK |
Croatian kuna |
7,5468 |
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IDR |
Indonesian rupiah |
14 878,12 |
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MYR |
Malaysian ringgit |
4,0449 |
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PHP |
Philippine peso |
50,365 |
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RUB |
Russian rouble |
56,7475 |
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THB |
Thai baht |
38,070 |
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BRL |
Brazilian real |
3,4119 |
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MXN |
Mexican peso |
17,2921 |
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INR |
Indian rupee |
72,1159 |
(1) Source: reference exchange rate published by the ECB.
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19.5.2015 |
EN |
Official Journal of the European Union |
C 162/4 |
Euro exchange rates (1)
18 May 2015
(2015/C 162/05)
1 euro =
|
|
Currency |
Exchange rate |
|
USD |
US dollar |
1,1389 |
|
JPY |
Japanese yen |
136,33 |
|
DKK |
Danish krone |
7,4640 |
|
GBP |
Pound sterling |
0,72700 |
|
SEK |
Swedish krona |
9,3836 |
|
CHF |
Swiss franc |
1,0482 |
|
ISK |
Iceland króna |
|
|
NOK |
Norwegian krone |
8,3815 |
|
BGN |
Bulgarian lev |
1,9558 |
|
CZK |
Czech koruna |
27,401 |
|
HUF |
Hungarian forint |
307,55 |
|
PLN |
Polish zloty |
4,0615 |
|
RON |
Romanian leu |
4,4465 |
|
TRY |
Turkish lira |
2,9385 |
|
AUD |
Australian dollar |
1,4228 |
|
CAD |
Canadian dollar |
1,3733 |
|
HKD |
Hong Kong dollar |
8,8283 |
|
NZD |
New Zealand dollar |
1,5356 |
|
SGD |
Singapore dollar |
1,5056 |
|
KRW |
South Korean won |
1 236,94 |
|
ZAR |
South African rand |
13,5051 |
|
CNY |
Chinese yuan renminbi |
7,0661 |
|
HRK |
Croatian kuna |
7,5325 |
|
IDR |
Indonesian rupiah |
14 967,91 |
|
MYR |
Malaysian ringgit |
4,0650 |
|
PHP |
Philippine peso |
50,596 |
|
RUB |
Russian rouble |
56,0016 |
|
THB |
Thai baht |
37,977 |
|
BRL |
Brazilian real |
3,4161 |
|
MXN |
Mexican peso |
17,1188 |
|
INR |
Indian rupee |
72,5115 |
(1) Source: reference exchange rate published by the ECB.
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19.5.2015 |
EN |
Official Journal of the European Union |
C 162/5 |
List of organisations recognised on the basis of Regulation (EC) No 391/2009 of the European Parliament and of the Council on common rules and standards for ship inspection and survey organisations
(2015/C 162/06)
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American Bureau of Shipping (ABS) |
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Bureau Veritas SA — Registre international de classification de navires et d’aeronefs (BV) |
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China Classification Society (CCS) |
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Croatian Register of Shipping (CRS) |
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DNV GL AS |
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KR (Korean Register) |
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Lloyd’s Register Group LTD (LR) |
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Nippon Kaiji Kyokai General Incorporated Foundation (ClassNK) |
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Polish Register of Shipping (PRS) |
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RINA Services S.p.A. |
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Russian Maritime Register of Shipping (RS) |
NOTICES FROM MEMBER STATES
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19.5.2015 |
EN |
Official Journal of the European Union |
C 162/6 |
Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (1)
(Notice regarding applications for exclusive licences to prospect for oil and gas, designated the ‘Gélannes licences’)
(Text with EEA relevance)
(2015/C 162/07)
On 17 November 2014 Société Pétrolière de Production & d’Exploitation SAS (ZA Pense Folie, 45220 Château-Renard, France), applied for an exclusive five-year licence, designated the ‘Gélannes licence’, to prospect for conventional oil and gas in the Department of Aube.
The perimeter of the area covered by this licence is demarcated by the straight lines connecting the points defined below:
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Point |
NTF — meridian of origin Paris |
RGF93 — meridian of origin Greenwich |
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Longitude East |
Latitude North |
Longitude East |
Latitude North |
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A |
1,30 gr |
53,90 gr |
3°30′24″ |
48°30′36″ |
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B |
1,50 gr |
53,90 gr |
3°41′12″ |
48°30′36″ |
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C |
1,50 gr |
53,84 gr |
3°41′12″ |
48°27′21″ |
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D |
1,47 gr |
53,83 gr |
3°39′34″ |
48°26′59″ |
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E |
1,47 gr |
53,80 gr |
3°39′34″ |
48°25′12″ |
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F |
1,30 gr |
53,80 gr |
3°30′24″ |
48°25′12″ |
The area as defined above covers approximately 126 km2.
Submission of applications and criteria for awarding rights
The initial applicant and competing applicants must prove that they meet the requirements for obtaining licences set out in Articles 4 and 5 of Decree No 2006-648 of 2 June 2006 (as amended) on mining rights and underground storage rights (Official Journal of the French Republic, 3 June 2006).
Interested companies may, within 90 days of the publication of this notice, submit a competing application in accordance with the procedure summarised in the ‘Notice regarding the granting of mining rights for hydrocarbons in France’, published in Official Journal of the European Communities C 374 of 30 December 1994, page 11, and established by Decree No 2006-648 of 2 June 2006 (as amended) concerning mining rights and underground storage rights (Official Journal of the French Republic, 3 June 2006).
Competing applications must be sent to the Ministry of Ecology, Sustainable Development and Energy at the address given below. Decisions on the initial application and any competing applications will be taken within two years of the date on which the French authorities received the initial application, i.e. by 24 November 2016 at the latest.
Conditions and requirements regarding performance of the activity and cessation thereof
Applicants are referred to Articles 79 and 79(1) of the French Mining Code and to Decree No 2006-649 of 2 June 2006 (as amended) on mining and underground storage operations and the regulations governing mining and underground storage (Official Journal of the French Republic, 3 June 2006).
Further information can be obtained from the Ministry of Ecology, Sustainable Development and Energy:
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Direction générale de l’énergie et du climat — Direction de l’énergie |
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Bureau exploration et production des hydrocarbures |
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Tour Séquoia |
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1 place Carpeaux |
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92800 Puteaux |
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FRANCE |
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Tel. +33 140819527 |
The abovementioned laws and regulations can be consulted on the Légifrance website: http://www.legifrance.gouv.fr
(1) OJ L 164, 30.6.1994, p. 3.
V Announcements
ADMINISTRATIVE PROCEDURES
European Commission
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19.5.2015 |
EN |
Official Journal of the European Union |
C 162/8 |
Call for proposals under the 2015 work plan of the Bio-based Industries Public-Private Partnership
(2015/C 162/08)
Notice is hereby given of the launch of the call for proposals and related activities under the 2015 work plan of the Bio-based Industries Public-Private Partnership.
Proposals are invited for the following call: H2020-BBI-JTI-2015-01
This work plan, including deadlines and budgets for the activities, is available through the Participant Portal website (http://ec.europa.eu/research/participants/portal) along with information on the modalities of the call and related activities, as well as guidance for applicants on how to submit proposals. All this information will be updated as necessary on the same Participant Portal.
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
European Commission
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19.5.2015 |
EN |
Official Journal of the European Union |
C 162/9 |
Notice of initiation of a partial interim review of the countervailing measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not
(2015/C 162/09)
The European Commission (‘the Commission’) has received a request for a partial interim review pursuant to Article 19 and Article 23(6) of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (1) (‘the basic Regulation’).
1. Request for review
The request for review was lodged by DSM Nutritional Products (‘the applicant’), an exporting producer from Canada (‘the country concerned’).
The review is limited in scope to the examination of the possibility of granting an exemption from the countervailing measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not, as far as the applicant is concerned.
2. Product under review
The product subject to this review is fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, originating in the United States of America or consigned from Canada, whether declared as originating in Canada or not (‘the product under review’), currently falling within CN codes ex 1516 20 98, ex 1518 00 91, ex 1518 00 99, ex 2710 19 43, ex 2710 19 46, ex 2710 19 47, ex 2710 20 11, ex 2710 20 15, ex 2710 20 17, ex 3824 90 92, ex 3824 90 93, 3826 00 10 and ex 3826 00 90.
3. Existing measures
The measures currently in force are a definitive countervailing duty imposed by Council Regulation (EC) No 598/2009 (2), and extended to imports consigned from Canada, whether declared as originating in Canada or not, and to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America by Council Implementing Regulation (EU) No 443/2011 (3) (‘the existing measures’).
4. Grounds for the review
The request pursuant to Article 19 and Article 23(6) of the basic Regulation is based on prima facie evidence, provided by the applicant, demonstrating that the applicant is a genuine producer of the product under review able to produce the entire quantity that it has shipped to the Union since the start of the investigation period of the anti-circumvention investigation leading to the imposition of the existing measures.
Furthermore, the applicant alleges that it is not related to any exporting producers subject to the existing measures, and that it is not circumventing the existing measures.
5. Procedure
Having determined, after informing the Member States, that sufficient evidence exists to justify the initiation of a partial interim review limited to the examination of the possibility of granting an exemption, as far as the applicant is concerned, from the countervailing measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not, the Commission hereby initiates a review in accordance with Article 19 and Article 23(6) of the basic Regulation.
5.1. Investigating exporting producer
In order to obtain the information it deems necessary for the investigation, the Commission will send a questionnaire to the applicant as an exporting producer. The applicant must submit the completed questionnaire and supporting evidence to the Commission within 37 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified.
5.2. Other written submissions
Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must be submitted to the Commission within 37 days of the date of publication of this Notice in the Official Journal of the European Union.
5.3. Possibility to be heard by the Commission investigation services
All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.
5.4. Instructions for making written submissions and sending completed questionnaires and correspondence
Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing a) the Commission to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.
All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (4).
Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 29(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded.
Interested parties are invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, interested parties should consult the communication instructions with interested parties referred to above.
Commission address for correspondence:
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European Commission |
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Directorate-General for Trade |
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Directorate H |
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Office: CHAR 04/039 |
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1040 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
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E-mail: TRADE-BIODIESEL-DSM@ec.europa.eu |
6. Non-cooperation
In cases where any interested party refuses access to or does not provide the necessary information within the time limits set out in the basic Regulation, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 28 of the basic Regulation.
Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of facts available in accordance with Article 28 of the basic Regulation.
If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 28 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.
Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.
7. Hearing Officer
Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised.
A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.
The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to the possibility of granting the exemption to the applicant.
For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/
8. Schedule of the investigation
The investigation will be concluded, pursuant to Article 22(1) of the basic Regulation, within 15 months of the date of the publication of this Notice in the Official Journal of the European Union.
9. Processing of personal data
Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5).
(1) OJ L 188, 18.7.2009, p. 93.
(2) Council Regulation (EC) No 598/2009 of 7 July 2009 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in the United States of America (OJ L 179, 10.7.2009, p. 1).
(3) Council Implementing Regulation (EU) No 443/2011 of 5 May 2011 extending the definitive countervailing duty imposed by Regulation (EC) No 598/2009 on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, and extending the definitive countervailing duty imposed by Regulation (EC) No 598/2009 to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America, and terminating the investigation in respect of imports consigned from Singapore (OJ L 122, 11.5.2011, p. 1).
(4) A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343, 22.12.2009, p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).
|
19.5.2015 |
EN |
Official Journal of the European Union |
C 162/13 |
Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not
(2015/C 162/10)
The European Commission (‘the Commission’) has received a request for a partial interim review pursuant to Articles 11(3) and 13(4) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’).
1. Request for review
The request for review was lodged by DSM Nutritional Products (‘the applicant’), an exporting producer from Canada (‘the country concerned’).
The review is limited in scope to the examination of the possibility of granting an exemption from the anti-dumping measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not, as far as the applicant is concerned.
2. Product under review
The product subject to this review is fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, originating in the United States of America or consigned from Canada, whether declared as originating in Canada or not (‘the product under review’), currently falling within CN codes ex 1516 20 98, ex 1518 00 91, ex 1518 00 99, ex 2710 19 43, ex 2710 19 46, ex 2710 19 47, ex 2710 20 11, ex 2710 20 15, ex 2710 20 17, ex 3824 90 92, ex 3824 90 93, 3826 00 10 and ex 3826 00 90.
3. Existing measures
The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 599/2009 (2), and extended to imports consigned from Canada, whether declared as originating in Canada or not, and to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America by Council Implementing Regulation (EU) No 444/2011 (3) (‘the existing measures’).
4. Grounds for the review
The request pursuant to Articles 11(3) and 13(4) of the basic Regulation is based on prima facie evidence, provided by the applicant, demonstrating that the applicant is a genuine producer of the product under review able to produce the entire quantity that it has shipped to the Union since the start of the investigation period of the anti-circumvention investigation leading to the imposition of the existing measures.
Furthermore, the applicant alleges that it is not related to any exporting producers subject to the existing measures, and that it is not circumventing the existing measures.
5. Procedure
Having determined, after informing the Member States, that sufficient evidence exists to justify the initiation of a partial interim review limited to the examination of the possibility of granting an exemption, as far as the applicant is concerned, from the anti-dumping measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not, the Commission hereby initiates a review in accordance with Articles 11(3) and 13(4) of the basic Regulation.
5.1. Investigating exporting producer
In order to obtain the information it deems necessary for the investigation, the Commission will send a questionnaire to the applicant as an exporting producer. The applicant must submit the completed questionnaire and supporting evidence to the Commission within 37 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified.
5.2. Other written submissions
Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must be submitted to the Commission within 37 days of the date of publication of this Notice in the Official Journal of the European Union.
5.3. Possibility to be heard by the Commission investigation services
All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.
5.4. Instructions for making written submissions and sending completed questionnaires and correspondence
Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing: a) the Commission to use the information and data for the purpose of this trade defence proceeding; and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.
All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (4).
Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded.
Interested parties are invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, interested parties should consult the communication instructions with interested parties referred to above.
Commission address for correspondence:
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European Commission |
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Directorate-General for Trade |
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Directorate H |
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Office: CHAR 04/039 |
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1040 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
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E-mail: TRADE-BIODIESEL-DSM@ec.europa.eu |
6. Non-cooperation
In cases where any interested party refuses access to or does not provide the necessary information within the time limits set out in the basic Regulation, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.
Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of facts available, in accordance with Article 18 of the basic Regulation.
If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.
Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.
7. Hearing Officer
Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties’ rights of defence are being fully exercised.
A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.
The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to the possibility of granting the exemption to the applicant.
For further information and contact details interested parties may consult the Hearing Officer’s web pages on DG Trade’s website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/
8. Schedule of the investigation
The investigation will be concluded, pursuant to Article 11(5) of the basic Regulation, within 15 months of the date of the publication of this Notice in the Official Journal of the European Union.
9. Processing of personal data
Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5).
(1) OJ L 343, 22.12.2009, p. 51.
(2) Council Regulation (EC) No 599/2009 of 7 July 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in the United States of America (OJ L 179, 10.7.2009, p. 26).
(3) Council Implementing Regulation (EU) No 444/2011 of 5 May 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, and extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America, and terminating the investigation in respect of imports consigned from Singapore (OJ L 122, 11.5.2011, p. 12).
(4) A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343, 22.12.2009, p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
European Commission
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19.5.2015 |
EN |
Official Journal of the European Union |
C 162/16 |
Prior notification of a concentration
(Case M.7617 — Feralpi Siderurgica/Duferco Italia/Lucchini SpA in A.S. Going Concern Wire Rods Business/Servola SpA in A.S. Certain Assets)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 162/11)
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1. |
On 7 May 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Feralpi Siderurgica SpA (‘Feralpi’, Italy), part of the Feralpi group, and Duferco Italia Holding SpA (‘Duferco Italia’, Italy), which is ultimately controlled by BBHolding Investment SA (Luxembourg), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over the wire rods business of Lucchini SpA in amministrazione straordinaria (‘Going Concern’, Italy) and the real estate of Servola SpA in amministrazione straordinaria in which the Going Concern operates (‘Servola’, Italy). |
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The business activities of the undertakings concerned are: — for Feralpi: manufacturing and sale of certain steel products, — for Duferco Italia: manufacturing and mainly sale of certain steel products, — for Going Concern: manufacturing and sale of wire rods. |
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3. |
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
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4. |
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference Case M.7617 — Feralpi Siderurgica/Duferco Italia/Lucchini SpA in A.S. Going Concern Wire Rods Business/Servola SpA in A.S. Certain Assets, to the following address:
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(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
(2) OJ C 366, 14.12.2013, p. 5.
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19.5.2015 |
EN |
Official Journal of the European Union |
C 162/17 |
Prior notification of a concentration
(Case M.7562 — Canada Life Group/LGII)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 162/12)
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1. |
On 11 May 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Canada Life Group (UK) Limited (‘Canada Life’, UK), an indirect subsidiary of Great-West Lifeco Inc., ultimately controlled by Power Corporation of Canada, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Legal & General International (Ireland) Limited (‘LGII’, Ireland) by way of purchase of shares, as well as control of the current book of life insurance policies of Legal & General Deutschland (‘LG Deutschland life business’, Germany) by way of purchase of assets. |
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2. |
The business activities of the undertakings concerned are: — for Canada Life: provision of life insurance, retirement savings and asset management in particular in the UK, Ireland, Isle of Man and Germany, — for LGII: provision of life insurance mainly in the UK and, on a smaller scale, in the Channel Islands, the Isle of Man and Italy, — LG Deutschland life business: life insurance in Germany. |
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3. |
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
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4. |
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7562 — Canada Life Group/LGII, to the following address:
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(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
(2) OJ C 366, 14.12.2013, p. 5.